Free USCA Order Terminating Appeal - District Court of Delaware - Delaware

Case 1:04-cv-00945-GMS

Document 29

Filed 03/13/2007

Page 1 of 1

CLD-132 February 16, 2007 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT C.A. No. 06-2467 CHARLES M. ROBINSON v. WARDEN THOMAS L. CARROLL; ATTORNEY GENERAL OF THE STATE OF DELAWARE (D. Del. Civ. No. 04-cv-00945)

Present:

RENDELL, SMITH AND JORDAN, CIRCUIT JUDGES Submitted is Appellant's request for a certificate of appealability under 28 U.S.C. § 2253(c)(1) in the above-captioned case. Respectfully, Clerk

MMW/BNB/cmh

___________________________________ORDER_____________________________ The foregoing request for a certificate of appealability is denied as Appellant has not made a "substantial showing of the denial of a constitutional right." See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Jurists of reason could not debate that the District Court properly rejected the merits of Appellant's due process claim, as it is clear that the state courts' disposition of this claim was neither contrary to nor an unreasonable application of clearly established federal law. See Gagnon v. Scarpelli, 411 U.S. 778, 782-91 (1973); Drope v. Missouri, 420 U.S. 162, 180 (1975). By the Court, /s/ D. Brooks Smith Circuit Judge Dated: March 13, 2007 CMH/cc: CMR, ERM
A True Copy :

Marcia M . Waldron, Clerk